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The criteria for reporting vary significantly based on jurisdiction. [11] Typically, mandatory reporting applies to people who have reason to suspect the abuse or neglect of a child, but it can also apply to people who suspect abuse or neglect of a dependent adult or the elderly, [12] or to any members of society (sometimes called Universal Mandatory Reporting [UMR]).
Conflicts between a mandated reporter's duties and some privileged communication statutes are common but, in general, attorney–client privileges and clergy–penitent privileges are usually exempt from mandatory reporting. In some states in the US, Psychiatrist and PhD. psychologists are also exempt from mandatory reporting. [16]
Map of the U.S., showing areas covered by the Thomson West National Reporter System state law reports. These regional reporters are supplemented by reporters for a single state like the New York Supplement (N.Y.S. 1888–1938; 2d 1938–) and the California Reporter (Cal. Rptr. 1959–1991; 2d 1991–2003; 3d 2003–) which include decisions of intermediate state appellate courts. [3]
The shield law is currently codified in Article I, section 2(b) of the California Constitution and section 1070 of the Evidence Code. [1] Section 1986.1 of the California Code of Civil Procedure (CCP) supplements these principal shield law provisions by providing additional safeguards to a reporter whose records are being subpoenaed. [2]
Duty to warn is embedded in the historical context of two rulings (1974 and 1976) of the California Supreme Court in the case of Tarasoff v. Regents of the University of California. [15] [page needed] [16] The court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient ...
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The Protect Reporters from Exploitative State Spying Act (PRESS Act, S.2074) is a bipartisan federal shield law designed to protect journalist-source confidentiality, with common-sense [neutrality is disputed] exceptions for cases involving terrorism, serious emergencies, or journalists suspected of crimes.
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.